M.S.S. v. BELGIUM AND GREECE JUDGMENT 17 protection and the content of the protection granted (“the Qualification Directive”). It entered into force twenty days after its publication in the Official Journal (OJ 2004 L 304 p. 12). This Directive contains a set of criteria for granting refugee or subsidiary protection status and laying down the rights attached to each status. It introduces a harmonised system of temporary protection for persons not covered by the Geneva Convention but who nevertheless need international protection, such as victims of widespread violence or civil war. The CJEC (now the CJEU) has delivered two judgments concerning the Qualification Directive: the Elgafaji judgment of 17 February 2009 (C-465/07), and the Salahadin Abdulla and Others judgment of 2 March 2010 (Joined Cases C-175/08, C-176/08, C-178/08 and C-179/08). C. Relevant texts of the Council of Europe Commissioner for Human Rights 87. In addition to the reports published following his visits to Greece (see paragraph 160 below), the Council of Europe Commissioner for Human Rights issued a Recommendation concerning the rights of aliens wishing to enter a Council of Europe member State and the enforcement of expulsion orders (CommDH(2001)19), dated 19 September 2001, which states, inter alia: “1. Everyone has the right, on arrival at the border of a member State, to be treated with respect for his or her human dignity rather than automatically considered to be a criminal or guilty of fraud. 2. On arrival, everyone whose right of entry is disputed must be given a hearing, where necessary with the help of an interpreter whose fees must be met by the country of arrival, in order to be able, where appropriate, to lodge a request for asylum. This must entail the right to open a file after having been duly informed, in a language which he or she understands, about the procedure to be followed. The practice of refoulement ‘at the arrival gate’ thus becomes unacceptable. 3. As a rule there should be no restrictions on freedom of movement. Wherever possible, detention must be replaced by other supervisory measures, such as the provision of guarantees or surety or other similar measures. Should detention remain the only way of guaranteeing an alien’s physical presence, it must not take place, systematically, at a police station or in a prison, unless there is no practical alternative, and in such case must last no longer than is strictly necessary for organising a transfer to a specialised centre. ... 9. On no account must holding centres be viewed as prisons. ...

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